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MINUTES
VOLUSIA FOREVER ADVISORY COMMITTEE
Tuesday, October 15, 2002
2:00p.m. - 7:00p.m.
VOTRAN Facility, 950 Big tree road, South Daytona, Florida 32119
2nd Ranking meeting
Approved November 19, 2002, with Amendments

Board Members in Attendance Also in Attendance

Reid Hughes, Chair
Carrie Stewart, Vice-Chair 
Philip Maroney
Richard Schuler
Dennis Bayer
Robert Williams
Alan Alshouse

Douglas Weaver
Rob Walsh
Randall Sleister
Connie Teeters
Charles McAlister
Larry Mullins

Excused absence
Gordon Kipp

Board Members in Attendance: Also in Attendance:

Meeting Called to Order

Reid Hughes, Chair, called the meeting to order at 2:05p.m.

Indicated an excused absence for Gordon Kipp.

Roll Call

Reid Hughes, Chair, we will dispense with the roll call.

Approval of Minutes

Reid Hughes asked for additions or corrections to the Minutes from the September 15, 2002, meeting.

Doug Weaver made a correction to page 4, B. last paragraph. He changed the word “access” to “direction” to go forward.

Reid Hughes asked if there were any other corrections or additions to the minutes. There were none.

Discussion topics

Reid Hughes stated the discussion items were evaluation and ranking to the eligible applications. There were five new submissions and the original “B” list and staff indicated that they saw no changes in either partnership monies or facts regarding these properties. Mr. Hughes indicated that the procedure would be to go over the 5 new submissions and to give any committee persons, property owners or citizens the opportunity to comment on any of the presentations on the “A” or “B” list. He asked the staff to go over the new submissions.

Rob Walsh passed out printouts of the “A” list properties of the first cycle. He stated the “A” list properties would remain on the “A” list because they are being actively worked on at the present time. They will not change their positions. He also passed out a map indicating that all five of the new eligible properties are within the Lake George Wildlife Area (LGWMA). The first four of the properties will actually expand the southern boundary of the wildlife management area. The fifth property, which is the Corbett property, is actually an in-holding property. This is a property that staff actively went after. Staff contacted 8 to 10 of these in-holding property owners and of these this was the only one that submitted an application.

The Kilian and Mayo properties are on the south boundary of the LGWMA. Harper and Harrington are the two properties below. Staff recommended that these be all treated as one project with the caveat that Kilian and Mayo are the keystone properties. Mr. Walsh passed out the analysis of the historical and archeological potential of each property.

Carrie Stewart asked what the meaning of in-holding was.

Rob Walsh stated that an in-holding was a property within the boundaries of a larger project that, for whatever reason, was not acquired during the initial acquisition. They are still in private ownership. Staff is now trying to fill in the holes of these larger projects.

Staff presented a Powerpoint presentation of the properties.

1. Mayo Pine Island

Mayo Pine Island is 10 acres. It abuts the southern boundary of the Lake George Wildlife Management Area. The majority of the habitat is flood plain swamp with a small portion of it being hydric hammock. Bald cypress and Blackgum are the dominant tree species, which is a very good habitat for the black bear, an endangered species. A site visit revealed some building debris. Tom Schofield, the County’s historical/archeological expert, found a significant fresh water shell midden on the property. He feels this is a very important archeological site and believes it is eligible for designation as a significant archeological site as far as the state is concerned. It is not on the state list at the present time. However, he feels it is a high priority property with a high probability of archeological value to it. There is a road that parallels the property, has good access, and is very heavily wooded and overgrown.

Randy Sleister stated the management is minimal and primarily limited to cleaning up the old debris that is around the building site and some minor clean up along the road.

Reid Hughes asked about combining the properties together.

Rob Walsh replied that it is staff’s ultimate goal to acquire all four of the properties together as “A” properties. He also stated that they would probably be incorporated into the existing management scheme, as the county is the property manager at the present time.

Reid Hughes stated the management is in place with either the state or the county and the County is not taking on any new management responsibilities.

Richard Schuler asked if they were to pick all or none or can we pick individual pieces.

Rob Walsh stated that staff would like to acquire all the properties with Mayo and Kilian purchased first. It would be more difficult to acquire Harrington first and not acquire Mayo and Kilian because of the “hole in the donut” effect. From an acquisition standpoint they would be dealt with on an individual basis.

Doug Weaver responded to remember that ranking will be done twice a year and if at next year no progress has been made, the Committee may drop them down to the “B” list.

Carrie Stewart asked that if the Committee were to rank these as a group would they be submitted to the County Council as 4 parcels or 1 parcel?

Rob Walsh stated they are still 4 individual pieces of property. They would be presented in the same manner as are being presented to this committee.

Doug Weaver responded that this is an informal project and it won’t proceed unless these key stone pieces are acquired.

Carrie Stewart asked if there was a limit to the number of properties that are put on the “A” list?

Doug Weaver stated No.

Carrie Stewart asked if the committee could recommend these four and five and others if they wanted to.

Rob Walsh stated yes.

Rob Walsh then went on with the Mayo presentation.

Randy Sleister described the vegetative communities on this parcel, which is a hammock area and not dependant upon fire.

Dennis Bayer stated it looked like a lot of non-native grasses on the property.

A committee member asked if there was any access to the public on the property.

Rob Walsh stated that staff had talked about some hiking trails and some wildlife viewing areas. The property was right off the road with easy access. It is unclear what the property looks like closer to the lake.

Randy Sleister interjected that it is believed to be more swamp-like and access would be more difficult unless a boardwalk was constructed.

Anne Hallum asked about hazardous waste on this site.

Randy Sleister stated that hazardous waste was put into the report because of the old home site. There is a lot of debris and staff is not sure what exactly is there. Potentially staff believes it is very slight but there is the potential.

Harper Trust

Rob Walsh stated that Harper Trust lies just south of the Mayo property. This is the only one of these properties that is currently occupied. Mrs. Harper is still living there. Mr. Harper passed away a short while ago. The property is 36 acres that fronts Lake George and the southern part of the property is wetlands: the northern part of the property is higher. A portion has been changed to pasture and is overlooking the lake. There is a single-family residence and a metal barn where equipment has been stored. Bald cypress and black gum are the dominant tree species. A small portion of the parcel is mixed forest. Live oak, southern Magnolia, pignut hickory and cabbage palms are on the property and are a good habitat for the black bear. It connects to the Mayo property and to Lake George. Management of the natural areas will be minimal, especially with the wetland areas. Management of the pasture will depend on the future use of this piece of property. Committee members asked about the structures.

Rob Walsh indicated that the barn is metal and has 3 bays and is good to keep for storage of equipment and is in good shape.

Carrie Stewart asked when the County purchases properties that are being lived in and have utilities like this one, do the people have an option to live there or are they given a certain amount of time to move?

Rob Walsh indicated that it really depends. You could have life estates. It is staff’s understanding that it is Mrs. Harper’s desire to vacate the property. Mr. McAlister was present in the room to represent Mrs. Harper in this matter.

A Committee member stated that, from a potential liability standpoint, that the County would not want someone living there.

Mr. McAlister stated that the house could be sold within the neighboring area.

Anne Hallum stated that the committee has discussed the idea of not wanting to get into a home buying or structure-buying situation. If the price is $600,000 this is partly because it has a structure on it.

Rob Walsh stated that he did not know at the present as no appraisals have been done.

Anne Hallum stated that she wanted to make sure the committee doesn’t set precedent.

Rob Walsh stated that the county has bought properties in the past with structures on them.

After discussion of setting precedence on buying properties with structures on them it was decided that it would be better not to set any precedence at this time.

Mr. McAlister stated that it is a divided mobile home and the building is 2 years old and could be transported off the property. It is a nice house with a solid concrete floor and something could be done with it.

Randy Sleister stated that he would expect the appraisal would state the quality and type of home and if it could be moved.

Carrie Stewart asked if it would be feasible to let Mrs. Harper have the home.

Reid Hughes commented that everything is negotiable. He asked if there were other questions and if not, then they would continue on to the next property.

Harrington Property

Rob Walsh presented information on the Harrington property. This property is the bigger property with 50 + acres. It is in 2 pieces and is divided by Bream Drive. It abuts up to a mobile home subdivision. It is zoned rural recreation as a mobile home park. Dominant habitat is mesic flatwoods and large slash pines. Large slash pines dominate the overstory along with laurel oaks. The remainder of the property is flood plain swamp. Bald cypress and black gum dominate and the black bear habit is very good. It connects to the Kilian property which connects to the Lake George Wildlife Management Area.

Randy Sleister stated that this site is why Pine Island has its name. It truly has an island and pine is prevalent. The site will require some mechanical manipulation and then reintroduce fire. A good educational campaign in the neighborhood will be needed to convince the neighbors that it is for their benefit as well as their safety and the environmental benefits.

4. Kilian Property

Rob Walsh continued in this series with the Kilian property of 41 acres, zoned as resource corridor. The habitat is flood plain swamp with bald cypress, black gum and good habitat for black bear. The mobile home park is just to the south of this property. Lake George Wildlife Management is to the north and to the east and connects this property on two sides. Management is minimal to non-existent. Periodic trash pick and monitoring of exotics and invasive species will be needed.

Corbett Property

Rob Walsh began by stating that this property is an in-holding of LGWMA and is approximately 80+ acres. Scrubby flat woods is the prime habitat type and the dominated tree is the slash pine and is good habitat for black bear. Access is along Lake George Road and is good. The management will be incorporated into the existing Lake George management. This is part of the Type 1 wildlife management area with hunting and hiking allowed.

Reid Hughes stated a motion is in order to accept the staff’s recommendation to authorize these as a package designated on the "A" list.

Phil Maroney made a motion to accept the staff’s recommendation and accept these properties as a total as an “A” classification.

Carrie Stewart seconded the motion.

Reid Hughes asked that if there was any discussion or any public commend.

Alan Alshouse asked if they would be submitted to FCT as 5 applications or 1 application.

Doug Weaver stated the applications would be submitted to the SJRWMD and not FCT.

Richard Schuler asked if they were determining eligibility or what is in the “A” group?

Doug Weaver stated that the committee already determined these as previously eligible. There is the original “A” list. The question being asked is if the committee is interested in adding these properties to the “A” list?

Reid Hughes stated there that, as there was no input from the public on this motion a vote was in order. The motion passed unanimously.

Reid Hughes stated The “B” list has no significant new facts except one. The Kirton property is agricultural property and fits the Federal Agricultural Farmland Protection Act and suggested that this be put on the “A” list.

Dennis Bayer asked if Southern Pines Plantation was being used for mitigation by DOT.

Doug Weaver stated that Southern Pines was on the “A” list and was going from possible acquisition to probable acquisition.

Rob Walsh interjected that DOT had ordered appraisals on the property that were due by the 25th of October.

Doug Weaver stated staff has submitted an FCT application on this property but the DOT mitigation effort is far better.

Dennis Bayer stated that on the Kirton property, with the exception of matching dollars, the other criteria on it has not changed.

Doug Weaver stated that Kirton wishes a less than fee acquisition.

Reid Hughes stated that the staff recommendation is to leave the others as is and to move Kirton to the “A” list because of the Agricultural Act.

Doug Weaver stated that there has been a Farm Bill signed by the President. There is money available for farmland protection. The Kirton property may be eligible for it but the property needs to move to the “A” list before staff can proceed.

Phil Mahoney stated there were environmental issues on this site and he understood that this hasn’t changed.

Doug Weaver stated that it is not a fee simple acquisition. Forever would only be buying the development rights.

Carrie Stewart asked whether there was a compelling need to move the Florida Audubon property to the “A” list?

Doug Weaver stated there was no interest in it because it is under water and there is no partner at the present time.

Carrie Stewart made a motion to move the Kirton Farm/Akins to the “A” list.

Dennis Bayer seconded the motion.

Robert Williams stated his concern about the Farmland preservation program being within the focus of the Forever program. Farmland preservation would signal to the public that Volusia Forever is the place to come.

Reid Hughes stated that is the kind of property we want.

Doug Weaver stated he was not optimistic that it is going to be a major part of the program.

Dennis Bayer asked what is the local match to bring this property rated 13th to the “A” list in this program.

Doug Weaver stated that this is a new program and the district has a 25% match and the USDA is constrained by their national allotment.

Phil Mahoney interjected that in a less-than-fee situation the owner would lose the developmental rights to the property. That would not allow any public access or use.

Doug Weaver stated that typically public access is not allowed.

Richard Schuler expressed his thought that how much of the public knows or even considers it.

Doug Weaver stated that it is just another option that you don’t have to manage and is low dollar. It is not widely known but over time people will become aware of it. If it is timber only it will not be accepted in the USDA Agricultural program. It must be a ranch, cattle and timber.

The County has consulted with the District concerning the Fore properties and the W.T. Ranch acquisitions, which is approximately 1500 acres, in the Osteen area. The proposed cost breakdown is 50% USDA, 25% District and 25% County. The USDA told the District they liked the fact that the county is part of the deal. Staff will bring these properties to this committee in November. The ranch is mixture of pasture, forest, wetlands and some substantial environmentally sensitive areas.

Richard Schuler stated that he had experience talking to people that buy property 2 or 3 times and change their minds on how they want to use the land.

Doug Weaver stated that the instrument would define how the owner uses the property. The property owner is going to be in agriculture for a long time.

Robert Williams asked if the deal falls through would this property get stuck there.

Doug Weaver stated it is not fee simple. If it doesn’t make it, it goes down.

Richard Schuler it is very important in the ranking because of the location. It is hard to rank Kirton as an “A” list if you don’t have a comparison. We don’t really know how good we are doing.

Dough Weaver stated with the Fore property you will know.

Reid Hughes stated there is a motion on the floor to move Kirton to the “A” list

Dennis Bayer stated he would like the motion to state less-than-fee simple.

Reid Hughes called for a vote. The motion passed with one no vote by Richard Schuler. Mr. Hughes then asked for any comments from the public.

Mr. Mullins stated that if you should choose to limit the properties he owned just south of SR 44 or southeast of I-4 there is no objection from him if that has any bearing on his situation. The committee chose to leave Mr. Mullins’ property application as is.

Doug Weaver stated that the acquisition cost of the Fore properties is approximately $3 million with the county’s portion being approximately $800,000. The DOT effort is underway with Southern Pines and so the county is looking at another 3500 acres in the near future and working on other acquisitions. Staff is optimistic there are going to be other good things coming to the committee.

Robert Williams stated that the DOT has started their preliminary design environmental (PDE) study for the SR 415 corridor and the turnpike and will be finishing up their feasibility study for the limited access toll way somewhere between SR 415 and Daytona Beach and Port Orange down to SR 417.

Reid Hughes wanted to state that he thought there had been excellent staff work and cooperation from the council. Thanks to the Committee for their good work.

Doug Weaver interjected that we had a wonderful team approach to this and hopefully that will continue. Next week staff is going to visit the Acquisition Restoration Council. They have agreed to put the 600+ acres of the Spruce Creek expansion on their agenda. They are the gatekeepers on whether the state concurs with acquisition.

Other Business

Reid Hughes stated his concern that the planning of DOT and the potential impact to the Volusia Conservation Corridor can decimate some of the things we are attempting to do and we can impact their planning by what we buy. As citizens we need to take note and try to work together. The toll road people are not working closely with others. It is a concern that we are going to have to work together. With Montye Beamer as the Growth & Resource Management Director and her desire to work closer with others groups and staff should help.

Robert Williams stated that he works with the MPO and they have been working with DEP on SR 415. One of the things from the transportation function they had to work hard to get the MPO board members to adopt was a resolution to support the inclusion of a separate paved multi-use trail within that corridor. He stated he also spoke with Joan Carter who is the trailhead coordinating staff with DOT. He advised her that the SR 415 cuts through the middle of the conservation corridor. The Volusia Forever committee is accruing as much of this corridor as possible while DOT is putting a four-lane road through the middle of this. Ms Carter has indicated that she is willing to sit down and talk about wildlife under-crossings and related items. DOT is still in the phase of designing that road and it would be beneficial to write a letter to Mike Snider of DOT encouraging him to work with county staff to look at potential acquisitions and where they are going to be. They need to look at how to deal with drainage and wildlife crossings. They seem to be open to this. Lonnie Jackson is looking at the land use, which is conservation and agriculture. BMS is doing the actual preliminary design and they hired Glatting Jackson to do the community land use corridor.

Reid Hughes stated that he had a meeting with Max Snider to discuss SR 415, and the toll road people asked for a meeting with me as to my input on environmental issues, which I gave them.

Carrie Stewart asked if the MPO was still talking about four laning all of SR 415 or just south of Osteen.

Robert Williams stated it was SR 415 from SR 44 south to SR 46.

Carrie Stewart said Big John talked about just four laning from Osteen to Seminole or Orange County.

Robert Williams stated that Big John talked about it at the MPO board meeting last month. The traffic studies are the part of the corridor that really justifies four laning everything south of Fort Smith. The PDE study takes in the whole corridor of SR 46 to SR 44 and DOT is looking at it as one project to four lane the road. DOT has the planning of the site and it is their road. Six of the council members sit on the MPO board and all of them supported it. They want to improve quality of life. The roads fragment the system that you are trying to buy with Volusia Forever money and the resolution is to try to defragment the system and put in wildlife underpasses or whatever is needed.

Doug Weaver stated that staff has met with George Lovett, who is general council for the DOT 5th district, and he is also in charge of right of ways. He is leading the acquisition of Southern Pines. We are letting DOT know that we are in business and would like to have the opportunity to work with them.

Robert Williams stated they are on a time schedule and they have a contract in July to start the PDE and wrap it up in the next year or so. I’m not sure about the exact time schedule. DOT is doing it but who is going to pay for it? If they say they will build an overpass in a part of the VCC we own would we consider using part of the Forever money to help pay for a wildlife overpass. I’m not sure the MPO would pay for it.

Randy Sleister stated that the permitting agency intended to address that issue when they were building these roads and they are looking at building three crossings on US 92 with DOT money, not Forever money.

Doug Weaver stated there is a land acquisition element to it because Southern Pines becomes important from a habitat standpoint when DOT gets ready to widen I-4.

Carrie Stewart asked if they were planning a joint meeting with DOT?

Robert Williams stated he thought it was a technical planning question. We could make a suggestion that county and DOT staffs get together with MPO staff. The key is to have staff sit down with consultants and people from District 5 DOT to state our future acquisitions.

Randy Sleister stated that the underpasses are used a lot but the use of the overpasses is still up in the air.

Doug Weaver stated he expected to meet with DOT concerning Southern Pines before the year is out and will be meeting periodically after that. It will be part of our continuing effort. Originally the consultant asked us if we were interested in participating with DOT on Southern Pines. We stated we were interested.

Robert Williams stated that what DOT is doing on SR 415 is preliminary design. They are looking at preliminary design costs to build this road. If we want a wildlife underpass or two this is the time to put it in the plan, not after the PDE.

Reid Hughes stated that we have a unanimous position to have staff work with the other planning groups.

Anne Hallum asked if the best we could do was underpasses for wildlife?

Reid Hughes commented that Mike Snider said they were still doing their studies.

Doug Weaver stated he doesn’t think this body is chartered to fund wildlife over or underpasses.

Reid Hughes asked if there were any other items to be brought up?

Anne Hallum stated she brought up the 217 acres in Glenwood awhile back and there is another hearing on Thursday and she will be attending. There is Dick Schuler’s article in the paper about trails that made some important points. There is a piece of property in Glenwood just outside of DeLand and it would be acceptable to the public for trails. It is close to Lake Woodruff. Next door is 300 acres and just down the road is another 200 acres. Mr. Green is the real-estate agent on the 200 acres and Volusia Land and Timber Corp own the other two pieces. She presented a map to staff. It is in the Wekiva corridor and is the only private land breaking the corridor from Wekiva to Ocala. The total is 700 acres. One side is residential and the other is government land.

Doug Weaver stated he thought there was public land west of the railroad tracks.

Anne Hallum confirmed that this was public land, but she doesn’t know if it is national or district land. It is north of SR 44 and west of the railroad tracks.

Alan Alshouse stated that the District has title to it and transferred management to the Wildlife refuge.

Anne Hallum stated that there is a populated area and on the District’s part is wetlands, with the presence of black bear and bobcat. It is an ideal piece to purchase for trails and is a link of a large corridor and close to an urban area.

Reid Hughes suggested a call to Rusty Robert at Congressman Mika’s office to tell them we need some money to finish up this corridor. They are very good at finishing corridors.

Doug Weaver stated that staff has talked to the owners representative of the 217 acres in Glenwood and they are not a willing seller.

Rob Walsh stated the last conversation he had with the owner was he intended on developing the property.

Doug Weaver interjected that depending on how the zoning case goes we may have another chance at it.

Anne Hallum talked to Ray Bunton. He said to have the staff come to him and they might be interested.

Carrie Stewart interjected she would like to have a color map as to: (1) what we have acquired, (2) what we have done in the last year and a half, and (3) what is pending. She stated she wanted something with the county outline on it so she could use it to show to the public what the Forever Program is doing.

After discussion of the present map and a proposed map, staff will provide the committee with a better tool to work with.

Doug Weaver stated that we don’t have the properties acquired because they are not technically paid for. We don’t want to get into speculation. We don’t want to mislead people. Menard and Plum Creek could be put on the map. But we haven’t closed on some of the properties.

Carrie Stewart would like to move the next meeting to Tuesday, November 19th at 3:30 p.m., if there were no objection. With no objection it was moved.

Meeting adjourned at 3:40 p.m.

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